The 9th U.S. Court of Appeals agreed with a lower court that denied preliminary injunction against the California Public Utilities Commission shifting to a per line surcharge for the state Universal Service Fund. T-Mobile’s Assurance Wireless had argued that the state must align with the FCC’s revenue-based method for federal USF. But on March 31 last year, the U.S. District Court for Northern California decided not to block the CPUC’s April 1 change. The 9th Circuit heard arguments on an appeal in October (see 2310170042). "The carriers have failed to show a likelihood of success on their claim that the access line rule is 'inconsistent with' the FCC rule,” Judge Ryan Nelson wrote in Friday’s opinion, which Judges Jacqueline Nguyen and Eugene Siler joined (case 23-15490). The court referred to the Communications Act's Section 254(f), which prohibits USF rules that are "inconsistent" with FCC rules. Inconsistent doesn’t mean different, Nelson wrote. "The access line rule differs from the FCC’s rule funding interstate universal service programs. But the carriers have not shown that it burdens those programs, and they have thus failed to show that they are likely to succeed on their claim that it is inconsistent with those rules." Also, the court rejected T-Mobile’s claim that the surcharge rule is preempted because it's inequitable and discriminatory. "The carriers argue that they are harmed more than local exchange carriers,” but the CPUC rule treats all telecom technologies “the same and, if anything, is more equitable than the prior rule, under which most of the surcharges came only from ever-dwindling landline services,” Nelson said. The CPUC’s "course correction" is "a fair response to a real problem,” he added. “In a world of ever-evolving telecommunications technologies, competitive neutrality must allow some play in the joints. To hold otherwise would hamstring California’s ability to satisfy its statutory mandate of providing universal service." T-Mobile also argued the change was discriminatory because the CPUC rule treats providers who get federal affordable connectivity program (ACP) support differently from those in the state LifeLine program. But the court found differences between the programs and noted that companies in ACP have the option of joining LifeLine. The decision "affirms that the CPUC's surcharge rule is consistent with federal law," said a commission spokesperson. "The CPUC will continue to utilize the surcharge to ensure consumers have safe, reliable, affordable, and universal access to telecommunications services." T-Mobile didn’t immediately comment.

Alabama enacted a bill meant to protect kids from harmful content online. HB-164 will require a reasonable age-verification method to restrict those younger than 18 from accessing pornographic websites. The measure received unanimous support in the legislature (see 2404100025).

Colorado could soon be the fourth state with a right-to-repair law covering consumer electronics. The state's Senate voted 21-13 on Wednesday in favor of HB-1121, which was opposed by industry groups including CTIA, CTA and TechNet. The House passed the bill in a 39-18 vote on March 12. It still requires a signature from Gov. Jared Polis (D). Colorado previously enacted right-to-repair laws covering powered wheelchairs and farm equipment.

NTIA approved Kansas, Nevada and West Virginia initial proposals for the $42.5 billion broadband, equity, access and deployment (BEAD) program, the federal agency said Thursday. Approval of the second volume of the states' plans lets them request access to their BEAD allocations of $451.7 million, $416.6 million and $1.2 billion, respectively. They “have created strong plans -- reflecting their unique needs -- to deploy reliable, affordable high-speed Internet service across their states,” NTIA Administrator Alan Davidson said. NTIA has approved both volumes of the initial plan for four states. The agency cleared Louisiana in December (see 2312150047).

California should “provide temporary bridge funding for two years through” the state LifeLine program to "mitigate harm to low-income consumers from" the impending end of the federal affordable connectivity program (ACP), consumer advocates said Tuesday at the California Public Utilities Commission. The Utility Reform Network and the CPUC’s independent Public Advocates Office sought “limited modifications” to an October 2020 CPUC decision on LifeLine-specific support amounts and minimum service standards. The groups proposed allowing LifeLine participants to temporarily apply state and federal low-income benefits to a standalone wireline broadband service, while the CPUC considers a long-term answer. Urging the CPUC to act quickly, the groups additionally filed a motion to halve the typical required time to respond to their petition to 15 days, which would make comments due May 8. The groups recently sought modification to other past CPUC decisions due to ACP expected end (see 2404230020). But the cable industry has raised concerns (see 2404230020).

Colorado state senators unanimously backed a kids’ privacy bill on Tuesday. Senators voted 33-0 to send SB-41 to the House. The bill would update the Colorado Privacy Act to increase protections for minors younger than 13. In addition, the bill would ban controllers from selling a minor’s data or using it for targeted advertising or profiling unless they obtain consent from a parent or legal guardian.

The Missouri House offered unanimous support for keeping the state’s small-cells law. On a 151-0 vote Monday, lawmakers approved HB-1995, which would extend the 2018 law’s expiration date by five years to 2030. The small-cells law preempted local governments on right of way to try to streamline 5G infrastructure deployment. The Senate Commerce Committee advanced the similar SB-1411 during a meeting last month (see 2403260022).

No “good cause” exists to shorten time to respond to a petition related to the federal affordable connectivity program (ACP) ending, the California Broadband & Video Association (CalBroadband) said Monday in a filing at the California Public Utilities Commission. The Utility Reform Network (TURN) last week asked the CPUC to pause awarding grants and quickly modify grant rules to ensure service remains affordable after ACP ends (see 2404150062). Since TURN’s proposal “would fundamentally change” the CPUC’s 2022 decision adopting Infrastructure Grant Account rules, parties should have the full 30 days to respond that CPUC rules require, CalBroadband said. The cable association foreshadowed that it will ask the CPUC to deny TURN’s petition and move quickly to grant pending infrastructure grant applications.

Georgia will stop kids younger than 16 from getting social media accounts without parental consent. Gov. Brian Kemp (R) signed a mandatory age-verification bill (SB-351) on Tuesday despite tech industry groups seeking a veto (see 2404020055). “As social media has taken more and more room in our young people’s lives, we have seen increases in mental health struggles and other negative behaviors and attitudes,” Kemp said. “We cannot continue to sit by and do nothing as young Georgians develop addictions and disorders and suffer at the hands of online antagonists.” However, NetChoice General Counsel Carl Szabo said the law “breaches Georgians’ privacy, endangers security, violates constitutional rights, and creates a one-size-fits all ‘solution’ that erases parents.”

The Colorado General Assembly supported permanent high-cost support on Friday. The House, which had earlier passed HB-1234, voted 58-2 Friday to concur with Senate amendments and 51-9 to pass the bill a second time. The bill would indefinitely extend the state's high-cost support mechanism, which provides subsidies to a dozen rural telecom providers and is scheduled to sunset Sept. 1. The Senate passed the bill last week (see 2404160026). Also that day, the House voted 58-2 to concur with Senate amendments and 51-9 to repass a kids’ social media bill (HB-1136). It would require the state’s education department to create elementary and secondary school curricula on social media’s mental health issues (see 2404120013). Gov. Jared Polis (D) will consider the bills next. Meanwhile, the Colorado Senate voted 33-0 to approve a biometric data privacy bill (HB-1130) and 19-14 in favor of a 911 bill (SB-139). The House previously passed HB-1130 but must concur with Senate changes. The House hasn’t considered SB-139, which would create an additional state 911 fee (See 2404160036).